270, 271. (M.) JOHN FOSSET proceedingsdefend and ELIZABETH JOVALINE proceedingsdefend , spinster , were indicted, the first for breaking and entering the dwelling house of Thomas Pateman proceedingsvictim on the 12th of February , about the hour of four in the night, and stealing a silver pint mug, value 40 s. two silver table spoons, value 20 s. two silver tea spoons, value 2 s. two linen sheets, value 6 s. two muslin aprons, value 4 s. two linen aprons, value 4 s. one child's linen jam, value 2 s. a linen waistcoat, value 2 s. one linen shirt, value 6 s. two linen shirts, value 4 s. two pair of shift sleeves, value 2 s. one diaper table-cloth, value 2 s. one checked linen apron, one pair of linen sleeves, value 1 s. a linen handkerchief, value 1 s. 6 d. one linen apron, value 2 s. a nankeen gown, value 5 s. a cotton gown, value 3 s. a silk gown, value 5 s. a linen ironing cloth, value 1 s. five yards of printed callico, value 3 s. a sattin cloak, value 2 s. a cloth petticoat, value 3 s. an iron candlestick, value 6 d. a copper tea kettle, value 2 s. four pewter plates, value 3 s. and one pewter dish, value 2 s. the property of the said Thomas Pateman < no role > in his dwelling house . And the other for receiving a linen-handkerchief and a linen apron, parcel of the said goods well knowing them to have been stolen . +

Thomas Pateman < no role > . I am a Saddle-tree Riveter , and live in Long-alley Moorfields ; my house was broke open last Saturday morning. I went to bed on Friday night about eleven o'clock, I looked at the doors and windows when I went to bed, they were all fast: my daughter Alice was up last in the house; I was waked the next morning about seven o'clock by my daughter Mary; I went down and saw the kitchen window in the yard broke open.

Q. Are you sure they were whole the over night?

Pateman. Yes; the hinges were wrenched off, the shutters were on the outside; they had put up the sash; I lost the things mentioned in the indictment (repeating them); the prisoner Fosset had been my apprentice, but had run away; he had lived with me five years. I heard he lived a bad life, therefore I suspected him. We got a search warrant, and I found my goods in his apartments.

Philip Boucher < no role > produced the goods, which were deposed to by the prosecutor and his daughter.

Boucher. I found these things in the prisoner's apartments; he was present at the time; Mr. Pateman was along with me; I was in a room up one pair of stairs; the woman prisoner was with him; as soon as the prosecutor saw him, he said that is the man; I took him by the collar, and immediately Chapman put his hand upon the things. The prosecutor said, O you naughty lad, you have robbed me before, and he confessed it, and said he took them at four o'clock in the morning.

Q. to the prosecutor. Did you threaten him or promise him favour if he would confess?

Prosecutor. No, he said if you will forgive me I will go to sea; I said no, he should have what the law would allow him.

Q. Did you tell him it should be better for him or worse for him, or any thing of that sort respecting a confession?

Prosecutor. No.

Boucher. He owned he took them between three and four in the morning.

Q. Who asked him as to the time?

Boucher. I believe his master; he said he broke open the window.

Q. Whose lodgings are these?

Boucher. The man's lodgings.

Q. Was the woman there at the time?

Boucher. Yes.

Q. Who had the custody of the goods?

Boucher. They were in the lodgings; they were all in the room: I took this handkerchief from her neck; when the man came in he said it was his handkerchief. An apron was about her feet, it was not tied about her.

Q. What did she say?

Boucher. She said they were the things Fosset gave her; and she said she had them from that bundle; she said she had lived with him two years.

Mary Pateman < no role > . I am the prosecutor's daughter; I was the first up in the morning. I rose about six o'clock.

Q. Was it light then?

Pateman. No, it was dark. When I came down I found the shutter half off; the window and door were open. I went and called my father directly.

Q. Are these things that have been produced your father's?

Pateman. Yes, they are.

Q. Were they there before the house was broke open?

Pateman. I left some of them on the dresser and some in the garret.

Q. Are you sure some were in the garret?

Pateman. Yes; I saw them the night before the robbery.

Q. Could they go into the garret without going into any other room?

Pateman. Yes.

Q. Did any body lie in the garret?

Pateman. Yes, a journeyman and an apprentice.

Q. In the garret where the things were?

Pateman. Yes.

Q. Did they lie there that night?

Pateman. Yes.

Alice Pateman < no role > . I am a daughter of the prosecutor; I was up last in the house; I took notice that the windows and doors were all fast; my sister came and called me up when she called my father the next morning.

Q. Do you remember these goods being in your father's house?

Pateman. Yes, perfectly well; I saw the mug over night.

Q. Where was it?

Pateman. In the kitchen; I was to have took it up stairs but went and forgot it.

John Wilson < no role > . Mr. Pateman came to my house the next morning about eight o'clock, and asked me to go with him to apprehend this man; I went with him to justice Wilmot's; two of his men went with us to the prisoner's room, and we found the things lying about the room, under a little bedstead they had there.

Fossett's Defence.

I was going out on Saturday morning to work at Leadenhall market; I found all these things lying in the street together; I took them home to my house to see if they would be advertized; they were in two bundles.

Joveline's Defence.

When I got up in the morning I found them in the room; I do not know how they came there; I found the handkerchief on the table, and put it on my neck.

For Fosset.

William Whitehead < no role > . I have known Fosset from a child; I never heard a bad character of him before; when I heard this I was startled at it: he is 24 or 25 years old; he is a saddle-tree-maker; I thought he was a sober lad.

William Ashley < no role > . I have known Fosset from a child; I never knew any harm of him in my life; I thought he was an honest lad; I never heard to the contrary.

Thomas Whithers < no role > . I have known Fosset above 20 years: I lived in his father's house; he always behaved well; his father was a taylor in Houndsditch. I always looked upon him to be an honest lad; I never heard any harm of him till now: I have known him till within these two years; he went on board a king's ship.

Elizabeth Whithers < no role > . I am the wife of the former witness; I have known him from an infant: I never heard any harm of him in my life; he was in my house before he went to sea.

FOSSET guilty . Death .

JOVELINE acquitted .